Madhya Pradesh High Court
Lavkush@Chhotu Sharma vs The State Of Madhya Pradesh on 27 May, 2019
1 MCRC-21446-2019
The High Court Of Madhya Pradesh
MCRC-21446-2019
(LAVKUSH@CHHOTU SHARMA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 27-05-2019
Shri Samar Ghuraiya, learned counsel for the applicant.
Shri Purushottam Pandey, learned Public Prosecutor for the
respondent/State.
Case diary is available.
This is eighth application under Section 439 of Cr.P.C for grant of bail.
The applicant has been arrested on 27.01.2018 in connection with Crime No.759/2017 registered by Police Station Civil Lines, District Morena for offence punishable under Section 394 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to the prosecution case the applicant has snatched a rifle from the complainant. Although, the previous applications have already been withdrawn but the applicant is in jail from 27.01.2018 i.e. for more than one year and four months. It is further submitted that trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, it is submitted by the counsel for the respondent that applicant has a criminal history. Two more criminal cases have been registered against him.
Considering the facts and circumstances of the case as well as the period of detention, without expressing any opinion on the merits of the case, the application is allowed. It is directed the applicant be released on bail on furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac only) with one surety in the like amount to the satisfaction of the trial Court/committal Court to appear before the Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, 2 MCRC-21446-2019 it shall become ineffective.
It is made clear that single default in appearance before the trial Court would result in automatic recall of this order and his bail bonds shall automatically stand forfeited without further reference to this Court.
Certified copy as per rules.
(G.S. AHLUWALIA) V. JUDGE shanu* SHANU RAIKWAR 2019.05.27 17:53:37 -07'00'